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Adoption in Maryland
Independent
Adoptions
TYPES OF ADOPTION
Maryland
statutes establish two kinds of adoptions: Agency and
independent. In an independent adoption, also known as a
"private adoption," arrangements are made directly between the
birthparents and the adopting parents, i.e., independent of a child
placement agency. Independent adoption includes stepparent adoption.
An independent adoption begins when the prospective
adopting parents and birthparents locate one another. The parties often
connect as a result of advertisements or introductions by mutual friends,
relatives or acquaintances. Maryland does not permit a professional
intermediary to arrange adoptions unless that intermediary is a licensed
child placement agency.
PRELIMINARY ISSUES
Once the parties locate one another, they begin
resolving together many issues posed by the adoption process. This
negotiation may be made directly by the parties or through their
attorneys. One fundamental issue is that of confidentiality. The adoption
can be completely "open," whereby the parties meet one another
and exchange identities and addresses. The adoption can be
"closed" and the parties' identifying information remains
completely confidential. The level of confidentiality is determined by
agreement and by the comfort level of the parties.
The parties must also decide whether there will be
contact between them following the adoption. The level of
contact can range from no contact to birthparent visitations
of the child. The parties frequently agree to a middle ground in which the
adopting parents write periodic letters giving the birthparents
information concerning the child's health and developmental progress.
Adopting parents typically agree to pay the medical
(including adoption counseling) and legal expenses of the birthparents.
Maryland law permits
the adopting parents to pay these expenses but prohibits them from paying
for living expenses, maternity clothes or wages lost as a result of
pregnancy. All expenses paid by the adopting parents must be accounted for
to the court during the subsequent adoption proceedings.
The parties must address medical issues. If the
birthmother is not receiving pre-natal care, arrangements for care are
made. The birthparents are required to provide the prospective adopting
parents with their pertinent medical histories. The parties must also
decide on the level of involvement of the adopting parents in the birth of
the child. It is not unusual for adopting parents to be present during
labor and delivery of the child. However, the level of involvement may be
tempered by hospital policy.
THE LEGAL PROCESS
Ideally, the birthparents meet with their attorney
during pregnancy and are fully informed about their legal rights. The
attorney acts to ensure the birthparents are proceeding intelligently and
voluntarily. However, consents cannot be signed prior to the birth of the
child. After the child is born, the birthparents meet with their attorney
and sign the consents to adoption. The birthparents may revoke their
consents within 30 days from the date they signed the consents.
The adopting parents then file a petition for adoption
with the local circuit court. The petition includes the birthparents'
consents and a request for an order granting the adopting parents custody
of the child during the pendency of the adoption proceedings. Maryland law
requires the adopting parents to obtain a custody order prior to assuming
custody of the child. Most hospitals require the adopting parents to
present the custody order before the hospital will release the baby to the
adopting parents.
Following the filing of the petition for adoption, the
court will usually order a post-placement home study. Each of the Circuit
Courts approaches the home study process differently. Some courts will
refer the adoption to the local department of social services. In Montgomery County, the
post-placement home study is conducted by the Court Evaluator's Office or,
in the judge's discretion, by a licensed child placement agency. After the
completion of the post-placement home study, the Court Evaluator's Office
or the licensed child placement agency submits its report and
recommendation to the court.
Assuming the recommendation is favorable, the court will
have a short, private
hearing to determine if the adopting parents are fit to adopt the child
and if it is in the best interests of the child to be adopted by the
petitioners. The judge signs a final judgment of adoption. In
approximately 12 weeks, the adopting parents will receive a new birth
certificate identifying them as the parents of the child.
THE BIRTHFATHER
Frequently the birthfather does not sign a consent. The
procedures for terminating the birthfather's parental rights in an
independent adoption are the same as in an agency adoption. The court
issues an order requiring the birthfather to show cause why the adoption
should not be granted. If the birthfather ignores the show cause order,
the court will deem his failure to respond as a consent and his rights
will be terminated in the adoption proceedings. If the identity or the
whereabouts of the birthfather is unknown, the court can order that the
birthfather be notified of the pending adoption proceedings by
publication. Notice of the adoption proceeding is published in a newspaper
in circulation where the birth father last resided, or if unknown, where
the petition is filed. Notice is also posted for 30 days on a website of
the Maryland Department of Human Resources. If the birthfather fails to respond to the publication
notice, the court will terminate the birthfather's parental rights.
Sometimes a birthfather files an objection to the
adoption. Maryland statutory and case law provide the outline for the resolution
of a contested adoption, which is beyond the scope of this website.
Adopting parents, during their initial contacts with the birthmother,
should determine the likelihood the birthfather will object to the
adoption, and avoid adoptions which they anticipate will be
contested.
STEPPARENT ADOPTIONS
Many independent adoptions are stepparent adoptions.
Typically, the birthparents are divorced, the custodial parent has
remarried, and the custodial parent's spouse seeks to adopt his or her
stepchild. The adoption terminates the parental rights of the
non-custodial birthparent as well as that birthparent's child support
obligation.
CHILD'S CONSENT
Maryland law requires a child to consent to the
adoption if the child is at least 10 years old. This is frequently the
case in a stepparent adoption. The court will appoint an attorney to
represent a child old enough to consent to adoption. The child's name can
also be changed in the course of a stepparent adoption.
Adoption, whether independent or agency, is a very
viable option for singles and couples who wish to parent a child. The
adoption path can be perilous and it is not for the faint-of-heart.
However, thousands of successful and joyful adoptions are finalized each
year. Readers considering adoption can learn more by taking informational
courses offered by the Families
for Private Adoption (202-722-0338) and local private and public agencies.
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